beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On July 7, 2017, the Defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention Center on July 21, 2018. On October 18, 2019, the Incheon District Court was sentenced to two years and six months of imprisonment for fraud, etc., and the judgment became final and conclusive on February 29, 2020.
【Criminal Facts】
1. On September 2018, when the Defendant came to know of the date of birth of the victim D who requested the opening of a mobile phone at the C mobile phone sales store located in Silung City B, he arbitrarily accessed the victim’s personal information and purchased items 4.90,000 won, and thereafter, he purchased items in the victim’s name 50,737,800 won in the victim’s name from March 26, 2019, as shown in attached Table 1, until March 26, 2019.
2. On September 11, 2018, the Defendant: (a) made a false statement that he/she would open a new mobile phone to the victim E who is a customer even though he/she did not have an intent or ability to compensate for a serious mobile phone at the same place; and (b) made a false statement that he/she would compensate for a used mobile phone amounting to KRW 180,000,000 from the victim; and (c) then, he/she acquired a heavy mobile phone amounting to KRW 18,038,80 from the victims over 54 times, as shown in attached Table 2 of the Crime List from December 22, 2018.
3. Mobile phone opening fraud;
A. On January 9, 2019, the Defendant, using the personal information of F, a customer at the same place, arbitrarily opened the cell phone in the same name, and acquired one cell phone (2.1 million won at the market price) from the victim G and acquired it by defrauded.
B. On the 21st day of the same month, the Defendant, using the personal information of H, a customer, arbitrarily opened the cell phone in the same name, and acquired one cell phone (20.10,000 won at the market price) from the victim G and acquired it by defrauded.
(i) the evidence;